Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In this CPLR article 78 proceeding in the nature of mandamus, petitioner Comptroller of the City of Buffalo seeks to compel respondents "to take all necessary and appropriate action to permit" him to fill existing and subsequently budgeted vacancies in his office. At the center of the controversy is a long-standing policy of the Buffalo Municipal Civil Service...
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